usc 12 § 5552
Preservation of enforcement powers of States (BANKS AND BANKING (12 U.S.C.))
Operative Text
Except as provided in paragraph (2), the attorney general (or the equivalent thereof) of any State may bring a civil action in the name of such State in any district court of the United States in that State or in State court that is located in that State and that has jurisdiction over the defendant, to enforce provisions of this title or regulations issued under this title, and to secure remedies under provisions of this title or remedies otherwise provided under other law. A State regulator may bring a civil action or other appropriate proceeding to enforce the provisions of this title or regulations issued under this title with respect to any entity that is State-chartered, incorporated, licensed, or otherwise authorized to do business under State law (except as provided in paragraph (2)), and to secure remedies under provisions of this title or remedies otherwise provided under other provisions of law with respect to such an entity. Except as permitted under subparagraph (B), the attorney general (or equivalent thereof) of any State may not bring a civil action in the name of such State against a national bank or Federal savings association to enforce a provision of this title. 1 The attorney general (or the equivalent thereof) of any State may bring a civil action in the name of such State against a national bank or Federal savings association in any district court of the United States in the State or in State court that is located in that State and that has jurisdiction over the defendant to enforce a regulation prescribed by the Bureau under a provision of this title and to secure remedies under provisions of this title or remedies otherwise provided under other law. 1 1 No provision of this title shall be construed as modifying, limiting, or superseding the operation of any provision of an enumerated consumer law that relates to the authority of a State attorney general or State regulator to enforce such Federal law. 1 Before initiating any action in a court or other administrative or regulatory proceeding against any covered person as authorized by subsection (a) to enforce any provision of this title, including any regulation prescribed by the Bureau under this title, a State attorney general or State regulator shall timely provide a copy of the complete complaint to be filed and written notice describing such action or proceeding to the Bureau and the prudential regulator, if any, or the designee thereof. 1 1 If prior notice is not practicable, the State attorney general or State regulator shall provide a copy of the complete complaint and the notice to the Bureau and the prudential regulator, if any, immediately upon instituting the action or proceeding. The notification required under this paragraph shall, at a minimum, describe— the identity of the parties; the alleged facts underlying the proceeding; and whether there may be a need to coordinate the prosecution of the proceeding so as not to interfere with any action, including any rulemaking, undertaken by the Bureau, a prudential regulator, or another Federal agency. In any action described in paragraph (1), the Bureau may— intervene in the action as a party; upon intervening— remove the action to the appropriate United States district court, if the action was not originally brought there; and be heard on all matters arising in the action; and appeal any order or judgment, to the same extent as any other party in the proceeding may. The Bureau shall prescribe regulations to implement the requirements of this section and, from time to time, provide guidance in order to further coordinate actions with the State attorneys general and other regulators. No provision of this section shall be construed as altering, limiting, or affecting the authority of a State attorney general or any other regulatory or enforcement agency or authority to bring an action or other regulatory proceeding arising solely under the law in effect in that State. No provision of this title shall be construed as altering, limiting, or affecting the authority of a State securities commission (or any agency or office performing like functions) under State law to adopt rules, initiate enforcement proceedings, or take any other action with respect to a person regulated by such commission or authority. 1 No provision of this title shall be construed as altering, limiting, or affecting the authority of a State insurance commission or State insurance regulator under State law to adopt rules, initiate enforcement proceedings, or take any other action with respect to a person regulated by such commission or regulator. 1
Under 12 U.S.C. § 5552, states retain meaningful enforcement power alongside federal regulators when it comes to consumer financial protection rules. A state attorney general can sue in federal or state court to enforce the relevant federal consumer protection title and its regulations, though actions against national banks and federal savings associations follow a narrower set of rules. State regulators can similarly pursue enforcement against entities chartered or licensed under their own state law, and the Consumer Financial Protection Bureau must be notified before most such actions are filed so it can coordinate or intervene if needed.
Plain English — not legal advice.
While 12 U.S.C. § 5552 is not a landlord-specific provision, property owners and managers who operate financial products or services — such as offering financing arrangements or working with entities subject to federal consumer protection rules — should be aware that both state and federal authorities hold concurrent enforcement power. A compliant operator generally maintains records and practices that can withstand scrutiny from either a state attorney general or a state regulator, not just federal oversight. Understanding that state regulators can act against state-chartered or state-licensed entities under this section helps operators appreciate the layered nature of consumer financial law compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 12 U.S.C. § 5552, tenants and other consumers benefit from a dual-track enforcement system in which both state attorneys general and state regulators can take action to enforce federal consumer financial protection rules — meaning there are multiple official channels through which violations may be addressed. If a tenant believes a covered financial practice has harmed them, they may consider reaching out to their state attorney general's consumer protection office or a relevant state regulator, as these agencies have authority to bring civil actions under this provision. Tenant-rights organizations and legal aid offices can help individuals understand whether a particular practice falls within the scope of what § 5552 empowers state officials to pursue.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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